The Laws of Australia updates May 2012

May 2012 Highights

This Subtitle examines the principles of law surrounding the enforcement of decrees made under the Family Law Act 1975 (Cth) and the consequences of contravention of such orders. Discussion is made of the relevant legislative provisions relating to enforcement and sanctions, including those found in the Act and the Family Law Rules 2004 (Cth). Reference is also made to longstanding case law as well as more recent cases such as A Bank v Coleiro (2011) 252 FLR 359; [2011] FamCAFC 157, Dobbs v Brayson (2007) 215 FLR 30; [2007] FamCA 1261 and Richmond v Dwyer (2005) 197 FLR 1; [2005] FMCAfam 126.

This update explores the role of various collecting societies in the collective administration of the rights of copyright owners, including such organisations as the Australasian Performing Right Association, the Phonographic Performance Company of Australia, the Australasian Mechanical Copyright Owners Society, Viscopy, Screenrights and the Copyright Agency Limited. The operation of these and other collecting societies is subject to the review of the Copyright Tribunal of Australia and this regulatory regime is discussed with reference to the relevant provisions of the Copyright Act 1968 (Cth).

This Subtitle covers the common law principles and significant statutory modifications governing the rule against perpetuities in each jurisdiction, relating to the law of future interests in land, the law of trusts and the law of wills. This update includes current treatment of the legislative position in this area.

This Subtitle deals with the jurisdiction of courts at Commonwealth, State and Territory level over specialised statutory and non-statutory tribunals governing sporting associations, and the basis on which courts will intervene to review the tribunal’s decision. The discussion focuses in particular on grounds involving a denial of natural justice, including anti-discrimination and equal opportunity legislation, and the right to a fair hearing before an unbiased tribunal. This update incorporates changes under the Competition and Consumer Act 2010 (Cth), as well as more recent cases such as Carberry v Drice [2011] QSC 016 and South Melbourne Football Club Ltd v Football Federation Victoria Inc [2010] VSC 355.

This Subtitle explores the potential of players, coaches, sporting organisations, occupiers of sporting venues, and other participants in sport and recreation to be liable for a range of offences in tort, contract, discrimination and criminal law. The update includes expanded commentary on the defence of "obvious risk" in a dangerous recreational activity under the relevant Civil Liability Acts of New South Wales, Queensland, Tasmania and Western Australia. Relevant case law is also considered including the more recent decisions of Falvo v Australian Oztag Sports Association [2006] NSWCA 17; Fallas v Mourlas (2006) 65 NSWLR 418; [2006] NSWCA 32; Lormine Pty Ltd v Xuerob [2006] NSWCA 200; Green v Country Rugby Football League of NSW Inc [2008] NSWSC 26 and McCracken v Melbourne Storm Rugby League Football Club [2007] NSWCA 353. This update also incorporates the provisions of the Competition and Consumer Act 2010 (Cth) affecting the contractual liability of these stakeholders.